To ensure equal treatment for men and women as regards access to employment, training and other working conditions.
- Act no. 244 of 1989, amended most recently by Consolidation Act no. 875 of 17 October 1994.
3.9.1.3. Contents
An employer is not allowed to discriminate on the basis of gender. This principle applies to both direct and indirect discrimination, mainly with reference to pregnancy or marital status or family responsibilities. An employer who employs men and women at the same place of work shall treat them equally as regards employment, vocational training and retraining and other working conditions.
The Equal Treatment Act also contains rules on absence from work due to maternity leave.
As a result of an amendment to the Act in 1989 the sanctions against employers who dismiss a pregnant woman were made more severe as the burden of proof was reversed (the employer must prove that the dismissal is not related to the pregnancy). Women who have been unfairly dismissed have a right to be reinstated in their job. However, it is possible under the Act to make employers pay compensation corresponding as a maximum to 78 weeks' pay as an alternative to reinstatement.
3.9.1.4. Financial resources
If an employee is dismissed for having claimed equal treatment, the em-ployer will be liable to pay him/her compensation.
3.9.1.5. Institutional support
The Minister of Labour may grant exemptions from the Act (positive discrimination) with a view to promoting equal opportunities for men and women, mainly by reducing or countering existing inequalities which influence access to employment, vocational trai-ning, etc.
The Equal Opportunities Council may grant exemptions from the Equal Treatment Act (positive discrimination).
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